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Old 07-15-2020, 12:39 PM
 
Location: Durm
7,104 posts, read 11,603,867 times
Reputation: 8050

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Ugh.

I'm having a fence replaced and expanded, and the fence company wanted the boundaries marked...those markers are long gone...so I had a surveyor come out and mark them.

This surveyor has my property line extended by about two feet in the back, which is weird and not sure that's right but won't really be a problem for anyone.

BUT an encroachment of a neighbor's fence that I don't even care about wasn't marked by these surveyors - my survey says that his fence is six inches over on to mine, his house is for sale and now this sounds like a big PITA. I am guessing the buyer will get their own survey, and I don't care if the fence is there, so maybe not a big deal?

I just emailed the surveyor with a pic of that marker (the crew is gone) and my survey and asked which is correct.

That's all I can do, right? Do I need to be concerned about this? Thanks!
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Old 07-15-2020, 12:48 PM
 
Location: Everywhere and no where
1,108 posts, read 1,384,067 times
Reputation: 1996
Yes I would get this corrected. Definitely have them redo the survey if you think it's incorrect.
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Old 07-15-2020, 12:54 PM
 
Location: Durm
7,104 posts, read 11,603,867 times
Reputation: 8050
Quote:
Originally Posted by AndroidAZ View Post
Yes I would get this corrected. Definitely have them redo the survey if you think it's incorrect.
Ugh. They didnt' produce a survey, it was just a boundary marker - thanks, what a mess!
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Old 07-15-2020, 01:02 PM
 
6,362 posts, read 4,190,693 times
Reputation: 13064
A survey by a licensed surveyor is a legal document and you should be given a stamped and signed copy. The survey should be tied dimensionally to your structure and it should clearly show any and all encroachments, including the neighbors fence if it happens to be on your property.

If that in fact is the case, I would bring it to your neighbors attention as it could be a potential problem or legal issue when and if you sell your house. Better to deal with this now, IMO!
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Old 07-15-2020, 01:23 PM
 
Location: Durm
7,104 posts, read 11,603,867 times
Reputation: 8050
Quote:
Originally Posted by Rickcin View Post
A survey by a licensed surveyor is a legal document and you should be given a stamped and signed copy. The survey should be tied dimensionally to your structure and it should clearly show any and all encroachments, including the neighbors fence if it happens to be on your property.

If that in fact is the case, I would bring it to your neighbors attention as it could be a potential problem or legal issue when and if you sell your house. Better to deal with this now, IMO!
Thanks! I do have a survey from when I bought the house - but this fence company required more, they wanted the boundary markers placed, so I had to hire another surveyor to come out and do that. I didn't want to pay for a full survey as I already have one from 2012...not knowing it would be different, of course.

This is such a pain because I already went through this with the neighbor when just last month they said that someone told them if I haven't complained about their fence encroaching that it's now their property. Um, it's 20 years for adverse possession in NC. I've had a great relationship with them in the past so was really frustrated, contacted a lawyer, sent them the letter saying I don't mind the encroachment and give permission...now they can't claim that...and now today the marker is placed outside the fence.

I called the surveyor whose crew came out today after sending him a pic and the survey from 2012 and he said if it's wrong they will fix.
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Old 07-15-2020, 02:23 PM
 
5,114 posts, read 6,095,402 times
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Quote:
Originally Posted by NM posts View Post
Ugh. They didnt' produce a survey, it was just a boundary marker - thanks, what a mess!

For a surveyor to place a marker they need to do a survey. Some boundary surveys are quick and easy. Others can take months to resolve. I worked on a crew 40+ years ago (before modern satellite and electronics) and we could do some residential boundary surveys in less than an hour (not counting row houses which could sometimes be 15 minutes) but we had one job that the company had been working on for over a year. They were back to the land grant records from colonial times and working on official markers 5 miles away.



Are you looking at the markers they left or did they provide a paper copy already. If their paper (with the seal and signature) disagrees with your concept of what the boundary is I would bet on their document. Only if two surveyors come up with different property lines is there a real problem. Then it will have to get resolved at a higher level. Talk to the surveyor and see what he says.
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Old 07-15-2020, 02:36 PM
 
Location: Durm
7,104 posts, read 11,603,867 times
Reputation: 8050
They said they weren't providing a plat for the price and were only placing boundary markers, sorry! I didn't describe that well. They did have their surveying equipment and did it pretty quickly. I just didn't think I needed a paper copy because I have one from 2012.

When I called, the guy said the crew hadn't come back yet and he'd call me tomorrow.

I did find some old pictures of the back area from 2012 with the original property markers - I was wrong in my first post, that does appear to match. So it's just unfortunately the most important area where the neighbor's fence encroaches.
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Old 07-15-2020, 03:16 PM
 
Location: Durm
7,104 posts, read 11,603,867 times
Reputation: 8050
The more I think about this, the more infuriated I am. I think this crew went by my neighbor's fence line and just expanded out the markers from there - I swear I contacted a legit surveyor - I don't know how this can happen, but it's going to cause an astronomical amount of damage potentially with this neighbor. Oh my God, I wish I could go to kickboxing class at the gym.
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Old 07-15-2020, 03:50 PM
 
Location: Ocala, FL
6,480 posts, read 10,353,739 times
Reputation: 7920
Just wondering, how much were you charged ?
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Old 07-15-2020, 05:19 PM
 
6,362 posts, read 4,190,693 times
Reputation: 13064
Quote:
Originally Posted by NM posts View Post
Thanks! I do have a survey from when I bought the house - but this fence company required more, they wanted the boundary markers placed, so I had to hire another surveyor to come out and do that. I didn't want to pay for a full survey as I already have one from 2012...not knowing it would be different, of course.

This is such a pain because I already went through this with the neighbor when just last month they said that someone told them if I haven't complained about their fence encroaching that it's now their property. Um, it's 20 years for adverse possession in NC. I've had a great relationship with them in the past so was really frustrated, contacted a lawyer, sent them the letter saying I don't mind the encroachment and give permission...now they can't claim that...and now today the marker is placed outside the fence.

I called the surveyor whose crew came out today after sending him a pic and the survey from 2012 and he said if it's wrong they will fix.
Any licensed surveyor will stand behind their work since their documents are legally binding. Once they done the initial survey, it’s a breeze for them to send someone out with a theodolite to quickly verify a marker.
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